Florida Senate - 2021                                    SB 1792
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-01172A-21                                          20211792__
    1                        A bill to be entitled                      
    2         An act relating to the Beverage Law; amending s.
    3         561.01, F.S.; defining the term “barrel”; amending s.
    4         561.221, F.S.; authorizing manufacturers to transfer
    5         malt beverages that are owned in whole or in part by
    6         the manufacturer but are brewed by another
    7         manufacturer; authorizing manufacturers to sell,
    8         transport, or deliver malt beverages to vendors if
    9         certain requirements are met; revising requirements
   10         for vendors to be licensed as manufacturers;
   11         conforming provisions to changes made by the act;
   12         amending s. 561.42, F.S.; prohibiting certain entities
   13         from renting or loaning durable retailer advertising
   14         specialties; requiring that durable retailer
   15         advertising specialties be sold at a price not less
   16         than the actual cost to the industry member who
   17         initially purchased such items; prohibiting
   18         distributors of malt beverages from giving vendors
   19         draft equipment and tapping accessories at no charge;
   20         amending s. 561.57, F.S.; removing a provision that
   21         prohibits a manufacturer possessing a vendor’s license
   22         from making specified deliveries; amending s. 563.022,
   23         F.S.; revising construction; repealing s. 561.37,
   24         F.S., relating to bonds for tax payments; providing an
   25         effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (23) is added to section 561.01,
   30  Florida Statutes, to read:
   31         561.01 Definitions.—As used in the Beverage Law:
   32         (23) “Barrel” means 31 gallons.
   33         Section 2. Paragraphs (c) and (d) of subsection (2) and
   34  paragraph (a) of subsection (3) of section 561.221, Florida
   35  Statutes, are amended, and a new paragraph (e) and paragraph (f)
   36  are added to subsection (2) of that section, to read:
   37         561.221 Licensing of manufacturers and distributors as
   38  vendors and of vendors as manufacturers; conditions and
   39  limitations.—
   40         (2)
   41         (c) Notwithstanding any other provision of the Beverage
   42  Law, a manufacturer holding multiple manufacturing licenses may
   43  transfer malt beverages to a licensed facility, as provided in
   44  s. 563.022(14)(d), in an amount up to the yearly production
   45  amount at the receiving facility. Malt beverages and other
   46  alcoholic beverages manufactured by another licensed
   47  manufacturer, including any malt beverages that are owned in
   48  whole or in part by the manufacturer but are brewed by another
   49  manufacturer, must be obtained through a licensed distributor or
   50  a manufacturer authorized to deliver malt beverages under
   51  paragraph (e) or paragraph (f). A manufacturer may also transfer
   52  to their licensed facility any malt beverages that are owned in
   53  whole or in part by the manufacturer but are brewed by another
   54  manufacturer that is not also a licensed manufacturer, a
   55  licensed broker or sales agent, or a licensed importer.
   56         (d) A manufacturer possessing a vendor’s license under this
   57  subsection is not permitted to make deliveries under s.
   58  561.57(1).
   59         (e)A manufacturer licensed under this subsection which
   60  does not have an existing distribution agreement with a
   61  distributor pursuant to s. 563.022 for the territory where the
   62  manufacturer intends to sell, transport, or deliver malt
   63  beverages to vendors may sell, transport, or deliver to vendors
   64  from the manufacturer’s licensed premises malt beverages that
   65  have been brewed by the manufacturer if:
   66         1.The manufacturer complies with the requirements of ss.
   67  561.42 and 561.423, as applicable, to the same extent as if the
   68  manufacturer were a distributor; and
   69         2.The manufacturer produces less than 20,000 barrels of
   70  malt beverages annually.
   71         (f)A manufacturer licensed under this subsection which has
   72  an existing distribution agreement with a distributor pursuant
   73  to s. 563.022 may sell, transport, or deliver to vendors from
   74  the manufacturer’s licensed premises malt beverages that have
   75  been brewed by the manufacturer if:
   76         1.The distributor has rejected or refused to deliver to
   77  vendors the specific product line or brand extension of malt
   78  beverages which the manufacturer intends to deliver;
   79         2.The delivery to a single vendor does not exceed 2
   80  barrels; or
   81         3.In a delivery to a single vendor which exceeds 2
   82  barrels, the manufacturer obtains permission from the
   83  distributor for the delivery of any malt beverages to a licensed
   84  vendor in the distributor’s sales territory.
   85         (3)(a) Notwithstanding other provisions of the Beverage
   86  Law, any vendor licensed in this state may be licensed as a
   87  manufacturer of malt beverages upon a finding by the division
   88  that:
   89         1. The vendor will be engaged in brewing malt beverages at
   90  a single location and in an amount which will not exceed 5,000
   91  barrels 10,000 kegs per year. For purposes of this subsection,
   92  the term “keg” means 15.5 gallons.
   93         2. The malt beverages so brewed will be sold to consumers
   94  for consumption on the vendor’s licensed premises or on other
   95  contiguous licensed premises owned by the vendor.
   96         Section 3. Paragraphs (b) and (f) of subsection (14) of
   97  section 561.42, Florida Statutes, are amended to read:
   98         561.42 Tied house evil; financial aid and assistance to
   99  vendor by manufacturer, distributor, importer, primary American
  100  source of supply, brand owner or registrant, or any broker,
  101  sales agent, or sales person thereof, prohibited; procedure for
  102  enforcement; exception.—
  103         (14) The division shall adopt reasonable rules governing
  104  promotional displays and advertising. Such rules may not
  105  conflict with or be more stringent than the federal regulations
  106  pertaining to such promotional displays and advertising
  107  furnished to vendors by distributors, manufacturers, importers,
  108  primary American sources of supply, or brand owners or
  109  registrants, or any sales agent or sales person thereof;
  110  however:
  111         (b) Without limitation in total dollar value of such items
  112  provided to a vendor, a manufacturer, distributor, importer,
  113  brand owner, or brand registrant of malt beverage, or any sales
  114  agent or sales person thereof, may rent, loan without charge for
  115  an indefinite duration, or sell durable retailer advertising
  116  specialties such as clocks, pool table lights, and the like,
  117  which bear advertising matter; however, such items may be sold
  118  only at price not less than the actual cost to the industry
  119  member who initially purchased the items.
  120         (f) A distributor of malt beverages may sell to a vendor
  121  draft equipment and tapping accessories at a price not less than
  122  the cost to the industry member who initially purchased them,
  123  except there is no required charge, and the distributor may
  124  exchange any parts that are not compatible with a competitor’s
  125  system and are necessary to dispense the distributor’s brands. A
  126  distributor of malt beverages may furnish to a vendor at no
  127  charge replacement parts of nominal intrinsic value, including,
  128  but not limited to, washers, gaskets, tail pieces, hoses, hose
  129  connections, clamps, plungers, and tap markers.
  130         Section 4. Subsection (1) of section 561.57, Florida
  131  Statutes, is amended to read:
  132         561.57 Deliveries by licensees.—
  133         (1) Vendors shall be permitted to make deliveries away from
  134  their places of business of sales actually made at the licensed
  135  place of business; provided, telephone, electronic, or mail
  136  orders received at a vendor’s licensed place of business shall
  137  be construed as a sale actually made at the vendor’s licensed
  138  place of business. Deliveries made by a vendor away from his or
  139  her place of business may be made in vehicles that are owned or
  140  leased by the vendor or in a third-party vehicle pursuant to a
  141  contract with a third party with whom the vendor has contracted
  142  to make deliveries, including, but not limited to, common
  143  carriers. By acceptance of an alcoholic beverage license, the
  144  vendor agrees that vehicles that are owned or leased by the
  145  vendor shall always be subject to inspection and search without
  146  a search warrant for the purpose of ascertaining that all
  147  provisions of the alcoholic beverage laws are complied with by
  148  authorized employees of the division and also by sheriffs,
  149  deputy sheriffs, and police officers during business hours or
  150  other times the vehicle is being used to transport or deliver
  151  alcoholic beverages. A manufacturer possessing a vendor’s
  152  license under s. 561.221(2) is not permitted to make deliveries
  153  under this subsection.
  154         Section 5. Paragraph (d) of subsection (14) of section
  155  563.022, Florida Statutes, is amended to read:
  156         563.022 Relations between beer distributors and
  157  manufacturers.—
  158         (14) MANUFACTURER; PROHIBITED INTERESTS.—
  159         (d) Nothing in the Beverage Law shall be construed to
  160  prohibit a manufacturer from shipping products to or between its
  161  breweries without a distributor’s license or between its
  162  breweries and the licensed premises of a vendor pursuant to s.
  163  561.221(2), or from shipping products that the manufacturer
  164  owns, without a distributor’s license.
  165         Section 6. Section 561.37, Florida Statutes, is repealed.
  166         Section 7. This act shall take effect July 1, 2021.